DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a memory storing executable instructions and a processor connected to the memory claimed in claims 1 and 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: a data processing unit (250).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-6 are objected to because of the following informalities:
(Proposed Amendments) An X-ray diffraction data processing device for scanning an incident angle q of incident X-rays and an angular direction of 2q in which a two-dimensional X-ray detector is arranged, and processing two-dimensional detection data of diffracted X-rays obtained at a plurality of scan angles 2q/q by using an X-ray diffraction device in which a measurement point set on a surface of a sample is irradiated with the incident X-rays in a direction of the incident angle 0, the two-dimensional X-ray detector is arranged in the angular direction of 20 with respect to the direction of the incident angle q of the incident X-rays, and diffracted X- rays diffracted by the sample are detected by the two-dimensional X-ray detector, the X-ray diffraction data processing device comprising:
a memory storing executable instructions; and
a processor connected to the memory and configured to execute the executable instructions to:
extract two-dimensional detection data of diffracted X-rays presenting maximum total X-ray intensity, peak two-dimensional detection data, q/q;
identify, from the peak two-dimensional detection data, a peak position at which an X-ray intensity is maximum; and
perform data processing using position information of the peak position identified from the peak two-dimensional detection data.
Appropriate correction is required.
Claims 2 and 5 are objected to because of the following informalities:
(Proposed Amendments) The X-ray diffraction data processing device according to claim 1, wherein the processor is configured to execute the instructions further to:
set a target region surrounding the peak position; and
integrate X-ray intensities within a region corresponding to the target region surrounding the peak position for each of the two-dimensional detection data of [[the]] diffracted X-rays obtained at the plurality of scan angles 2q/q, and creating a rocking curve profile based on the X-ray intensities integrated within the region corresponding to the target region surrounding the peak position for each of the two-dimensional detection data.
Appropriate correction is required.
Claims 3 and 4 are objected to because of the following informalities:
(Proposed Amendments) The X-ray diffraction data processing device according to claim 1, wherein:
the two-dimensional X-ray detector has a detection surface for detecting diffracted X-rays, and a reference detection point is predefined as a geometric center of the detection surface;
the two-dimensional X-ray detector is arranged such [[that]] that, when a surface of a symmetrically reflective sample is irradiated with incident X-rays in a direction of an incident angle q, an optical axis of diffracted X-rays appearing from the surface of the symmetrically reflective sample in a direction of a diffraction angle [[2q]] 2q, is incident onto the reference detection point; and
the processor is configured to execute the instructions further to determine an offset amount between the peak position identified from the peak two-dimensional detection data and the reference detection point.
Appropriate correction is required.
Claim 6 is objected to because of the following informalities:
6. (Proposed Amendments) The X-ray diffraction data processing device according to claim 1, wherein the processor is configured to execute the instructions further to:
calculate a shift amount of a scan angle 2q/q by comparing a scan angle 2q/q of the peak two-dimensional detection data acquired for a plurality of measurement points on a straight line set on the surface of the sample that is a flat sample; and
calculate a radius of curvature of crystal lattice planes of the sample based on the shift amount of the scan angle 2q/q .
Appropriate correction is required.
Claim 8 is objected to because of the following informalities:
8. (Proposed Amendments) An X-ray analysis device comprising:
an X-ray diffraction data processing device for scanning an incident angle q of incident X-rays and an angular direction of [[2q]] 2q, in which a two-dimensional X-ray detector is arranged, and processing two-dimension detection data of diffracted X-rays obtained at a plurality of scan angles 2q/q by using an X-ray diffraction device, in which a measurement point set on a surface of a sample is irradiated with the incident X-rays in a direction of the incident angle q of incident X-rays, the two-dimensional X-ray detector is arranged in the angular direction of 2q with respect to the direction of the incident angle q of the incident X-rays, and diffracted X-rays diffracted by the sample are detected by the two-dimensional X-ray detector;
a sample stage for placing the sample thereon, the sample stage being freely movable up and down; and
a sample stage controller having a function of controlling at least a height of the sample stage,
wherein the X-ray diffraction data processing device comprises:
a memory storing executable instructions; and
a processor connected to the memory and configured to execute the executable instructions to:
extract two-dimensional detection data of diffracted X-rays presenting maximum total X-ray intensity, peak two-dimensional detection data, q/q;
identify, from the peak two-dimensional detection data, a peak position at which an X-ray intensity is maximum; and
perform data processing using position information of the peak position identified from the peak two-dimensional detection data, and
wherein the sample stage controller is configured to control (“controlling at least a height”) the height of the sample stage based on the peak position identified from the peak two-dimensional detection data.
Appropriate correction is required.
Claim 9 is objected to because of the following informalities:
9. (Proposed Amendments) An X-ray diffraction data processing method to be performed by an X- ray diffraction data processing device for scanning an incident angle q of incident X-rays and an angular direction of [[2q]] 2q, in which a two-dimensional X-ray detector is arranged, and processing two-dimensional detection data of diffracted X-rays obtained at a plurality of scan angles 2q/q in an X-ray diffraction device, in which a measurement point set on a surface of a sample is irradiated with the incident X-rays in a direction of the incident angle q of incident X-rays, the two-dimensional X-ray detector is arranged in the angular direction of 20 with respect to the direction of the incident angle q of the incident X-rays, and diffracted X-rays diffracted by the sample are detected by the two-dimensional X-ray detector, the X-ray diffraction data processing method comprising:
a peak two-dimensional detection data extracting step of extracting two-dimensional detection data of diffracted X-rays presenting peak two- dimensional detection data from the two-dimensional detection data of [[the]] diffracted X-rays obtained at the plurality of scan angles 2q/q;
a peak position identifying step of identifying, from the peak two-dimensional detection data, a peak position at which an X-ray intensity is maximum; and
a data processing step of executing data processing using position information of the peak position identified [[for]] from the peak two-dimensional detection data.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of pre-AIA 35 U.S.C. 112, second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites a limitation “the peak shift amount calculating unit” in line 9, which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 1-5, the prior art failed to disclose or fairly suggested an X-ray diffraction data processing device as claimed.
With respect to claim 8, the prior art failed to disclose or fairly suggested an X-ray analysis device as claimed.
With respect to claim 9, the prior art failed to disclose or fairly suggested An X-ray diffraction data processing method as claimed.
Response to Amendment
Applicant’s amendments filed 06 July 2026 with respect to the drawings have been fully considered. The objections of the drawings have been withdrawn.
Applicant’s amendments filed 06 July 2026 with respect to the specification have been fully considered. The objections of the specification have been withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Konaka (U. S. Patent No. 12,313,573 B2) disclosed an X-ray diffraction apparatus and a measurement method.
Giencke (U. S. Patent No. 11,275,039 B2) disclosed a two-dimensional diffraction by a divergent beam.
Applicant's amendment necessitated the new ground of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allen C. Ho, whose telephone number is (571) 272-2491. The examiner can normally be reached Monday - Friday 10AM - 6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David J. Makiya, can be reached at (571) 272-2273. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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Allen C. Ho, Ph.D.
Primary Examiner
Art Unit 2884
/Allen C. Ho/Primary Examiner, Art Unit 2884 Allen.Ho@uspto.gov
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